Eaton v. Hewitt

This action was instituted for the wrongful death of one W. H. Eaton, alleged to have been caused through the negligent operation of an automobile owned and driven by respondent. The action was brought by a son of the deceased as administrator of the estate and for the benefit of the surviving widow.

At the conclusion of appellant’s case in chief, a motion was made by respondent for a nonsuit or a peremptory instruction for a verdict in favor of respondent, upon the grounds that there was not sufficient evidence to sustain a verdict because of the negligence of respondent, and that the…